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HomeMy WebLinkAbout99-025 - Vacating a Portion of Pomona St Between Sycamore and BroadwayRESOLUTION NO. 1999-025 g - 13- q BOOKJPAGE NO:~ I)r,r. EO NO. -. TIME: 3;53 P~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF POMONA STREET BETWEEN SYCAMORE AND BROADWAY.. WHEREAS, the City Council of the City of Santa Aha adopted, on June 15~ 1998, Resolution No. 98-024 wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, a portion of Pomona Street between Sycamore and Broadway; and WHEREAS, said Resolution gave notice that on July 20, 1998, at 6:00 p.m., or as soon thereafter as the matter could be heard, in the Council Chambers of the City of Santa Ana, 20 Civic Center Plaza, Santa Aha, California, this Council would hear any and ail persons interested in or objecting to said proposed vacation of the said street; and WHEREAS, this Council finds that said Resolution was published in the manner prescribed by law for the publishing of ordinances of the City and that notice of said proposed street vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law; and WHEREAS, on July 20, 1998, this Council heard any and all persons interested in or objecting to said proposed vacation of said street; received and considered ail evidence submitted and found from all the evidence submitted that the said street is unnecessary for present or prospective public use, based upon the following findings of fact: (1) said street is not necessary to provide access to abutting property owners; and (2) said street is not necessary or convenient for servicing the flow of traffic; found and determined, pursuant to the provisions of section 892 of the Streets and Highway Code of the State of California, that neither said street nor any part thereof is useful as nonmotorizedtransportafion facilities, as defined in section 887 of said Code; and adopted ResolutionNo. 98-036; and WHEREAS, the Council finds that Resolution No. 98-036 has not been recorded and, as such, said street is not yet vacated; and WHEREAS, pursuant to Califomia Streets and Highways Code section 8340, the Council desires to reserve certain easements from the vacation; and WHEREAS, it is the intent of the City Council that this resolution supercede and replace ResolutionNo. 98-036. 97 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This Council does hereby order that a portion of Pomona Street between Sycamore and Broadway, more specifically described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated. 2. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation an easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and stoma drains and appurtenant structures, and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone line, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the areas hereby vacated. The City Council also reserves and excepts from the above vacation an easement for future street or highway purposes. Moreover, if there are any in-place public utility facilities that are in use, the City Council reserves and excepts from the above vacation an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. 3. This resolution shall supercede and replace Resolution No. 98-036. Resolution No. 98-036 is hereby repealed and is declared to be null and void and of no further effect. 4. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County. 5. The abovesaid street shall not be deemed vacated until this resolution is recorded. Closure of the abovesaid street to vehicular traffic, as appropriate to allow for the construction of the abovesaid public improvements prior to recordation of this resolution, is hereby approved pursuant to section 21101 of the California Vehicle Code. 2 99 ADOPTED this 7th dayof June ,1999. ATTEST: /~:~e C. Guy q~;lerk of the Council COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin Absent McGuigan Aye Moreno Aye APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Cristine L. Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached ResolutionNo. lq q? - o>- ~ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: /C/l~rk/of the Council ' ~City of Santa Ana 3 POMONA COMMERCIAL 81'. ST~FOm POMONA BERKELEY N.T.s. LEGEND: